AVNEESH KUMAR v. MR. ABHAY SINGH, MEMBER BOARD OF REVENUE LKO. U.P.
CAPL/3468/2025 · 2025-10-31
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178787 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178787 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3468 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred for alleged non compliance of the judgment and order dated 16.02.2023 whereby the respondent was directed to decide the revision of the applicant preferably within a period of six months from the date a certified copy of this order is placed before the Authority concerned. The relevant part of the said
order/judgment is quoted hereibelow:-
"Considering the facts and circumstances of the case, this Court is of the opinion that no fruitful purpose will be served in keeping this petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending proceedings of Case No. REV/646/2018, Computerized Case No. R2018103300646 (Ashok Kumar v. Arvind Kumar and others) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of six months from the date a certified copy of this order is placed before the Authority concerned. "
Learned counsel for the applicant has submitted that the copy was filed in the revision and this fact could be seen from the order dated 10.04.2023. From 10.04.2023, six months' period has already expired on 10.10.2023, but the revision of the applicant has yet not been decided. Learned Standing counsel has submitted that the present contempt application is barred by Section 20 of the Contempt of Courts Act, 1971, as for the first time cause of action arose on 10.10.2023 and the present contempt application has been filed on 28.10.2025 i.e. after expiry of more than two years' period from the date when the cause of action first arose. On being asked from the learned counsel for the applicant to address the Court on Section 20 of the Act, 1971, learned counsel for the applicant is unable to assist the court on the query put by the court to advance the
submissions relating to Section 20 of the Act, 1971. After hearing learned counsel for the applicant and going through the record of Versus Counsel for Applicant(s) : Amitesh Pratap Singh, Gyanendra Singh Counsel for Opposite Party(s) :
Avneesh Kumar .....Applicant(s) Mr. Abhay Singh, Member Board Of Revenue Lko. U.P. .....Opposite Party(s)
the case, it is an admitted case of the applicant that for the first time the contempt has alleged to have been committed on 10.10.2023 and as per Section 20 of the Contempt of Courts Act, 1971, the contempt petition is to be filed within a period of one year from the date the contempt has alleged to have been committed. For convenience, the Section 20 of the Contempt of Courts Act, 1971 is being reproduced hereinbelow:-
"20. Limitation for actions for contempt:- No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed." Further, in the case of Islammudin vs. Umesh Chandra Tiwari and Anr. [2009 (5) ADJ 656 (DB)], the Division Bench of this Court has held that the law laid down by the Apex Court in Pallav Sheth vs. Costodian and Ors. [(2001) 7 SCC 549] does not make Section 5 of the Act 1963 applicable and would not confer power upon the Court to condone or waive delay where proceedings of contempt are sought to be initiated under the Act, 1971 after one year from the date when the contempt is alleged to have been committed. In the present case, the contempt has alleged to have been committed on 10.10.2023 whereas the present contempt petition has been preferred after the expiry of more than two years i.e. on 28.10.2025. Hence, it is barred by Section 20 of the Contempt Courts Act, 1971. In view of the facts and circumstances of the case, the present contempt application is dismissed. October 31, 2025 Nitesh CAPL No. 3468 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench